MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
A catchy slogan distinguishes your brand, but how do you protect it against copying? The strongest route is usually trademark registration. Additionally, a creative slogan can be protected by copyright. Each route has its own conditions and advantages and disadvantages.
Trademark registration: the strongest protection
Registering your slogan as a trademark is often the best option. With a trademark registration at the Benelux Office (BOIP) or the EU Office (EUIPO), you obtain the exclusive right to use the slogan for your products or services, and you can take action against others who copy it. However, a condition is that the slogan is sufficiently distinctive; a descriptive or obvious slogan is difficult to register.
Copyright: automatic, but limited
If your slogan is creative and original enough — with its own personal character — it may also be protected by copyright. This arises automatically, without registration. However, many slogans are too short or too commonplace for copyright protection, so do not count on this without further ado.
Trade name and other
If you use the slogan as part of your company name, trade name law may play a role, but this is usually limited. You can sometimes also take action against unfair imitation or deception through rules on unfair trade practices. However, these routes are less powerful than trademark registration.
Which route do you choose?
For a distinctive slogan on which you build commercially, trademark registration is usually the best choice: it provides clear, enforceable protection. Check in advance whether the slogan is available and does not infringe on existing trademarks. If in doubt about the possibilities for protection, legal advice is advisable.
Frequently Asked Questions
What is the best way to protect a slogan?
Usually trademark registration, provided the slogan is sufficiently distinctive. This grants an exclusive, enforceable right.
Does my slogan automatically carry copyright?
Only if it is creative and original enough. Many slogans are too short or too commonplace for that.
Can I register any slogan as a trademark?
No. A descriptive or obvious slogan is difficult to register; it must be distinctive.
Protect your slogan?
Our legal experts advise on the best course of action and handle trademark registration. View our trademarkor IP lawteam, or schedule a free consultation.
